Courts

Cork University Hospital apologises to man who settles case for €2.1m

Man suffered a brain injury when he had a heart attack during a CT scan five years ago

Cork University Hospital apologised in a letter to the man and his family for the 'shortcomings in care' which occurred. Photograph: Google Street View
Thu Jul 18 2024 - 20:36

Cork University Hospital has apologised in the High Court to a man for the shortcomings in his care when he was having CT scans at the hospital.

The apology from the hospital’s chief executive was read to the court after the man, who suffered a brain injury when he had a heart attack during a scan five years ago, settled his legal action for €2.1 million.

The man cannot be named by order of the court.

His senior counsel, Oonah McCrann, told the court it was their case that had a first CT scan been correctly reported and shown an abscess at the back wall of the throat, he would not have needed another type of CT scan that required a sedative.

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Ms McCrann said the man was given a sedative but suffered a cardiac arrest and a brain injury.

The hospital apologised in a letter to the man and his family for “the shortcomings in care” which occurred.

“I appreciate that this has been a very difficult time for you. On behalf of Cork University Hospital, we are truly sorry,” the letter said.

The man, who is in his 60s, has Parkinson’s disease. He sued the Health Service Executive (HSE).

His counsel told the court that liability was admitted in the case, but causation remained an issue. The HSE contended the injuries allegedly relating to cognitive difficulties were attributable to his preexisting Parkinson’s disease.

Counsel said it was an extremely complex case and an expert on their side would say the cognitive impairment was attributable to the brain injury.

In February 2019, the man complained of pain in his neck which got progressively worse. He was admitted on February 18th, 2019, to Cork University Hospital at near midnight.

It was claimed there was a failure in relation to the first CT examination of February 19th, 2019, to correctly interpret it and a failure to recognise it showed evidence of an abscess. The scan was reported as showing no neck abscess, it was alleged.

As a result it was claimed that the man was caused to undergo an unnecessary CT myelogram, which required a sedative.

It was contended there was a failure to have adequate regard to potential effects of the man’s Parkinson’s condition or of the medicine previously administered to him following his attendance at the hospital.

It was alleged there was a failure to recognise the man’s deterioration and to intervene prior to his suffering a cardiac arrest.

Had the man’s been appropriately observed or monitored following the administration of the sedative and during the course of the CT myelogram on February 19th, 2019, it is claimed the deterioration of his condition would have been detected and earlier intervention arranged and he would not have suffered cardiac arrest and a brain injury.

Approving the settlement, Mr Justice Paul Coffey conveyed his best wishes to the man and his family.